As of Oct. 1, the threshold for felony home theft convictions is much lower, and new restrictions have been placed on patterns of theft with House Bill 549. The state has cited a rise in crime as reason for the change while news outlets describe a 30% drop in theft convictions over the last year….
Are you facing incarceration? Have a loved one or family member behind bars in Palm Bay, Brevard County or surrounding areas throughout Florida? You probably have questions about the fights of those incarcerated. Inmates in Brevard County and throughout Florida are granted certain inalienable rights including the right to: Freedom from sexual crimes Humane living…
Due process ensures that legal matters, both civil and criminal, are resolved in a fair and equitable manner, according to established rules and principles. Types of Due Process in Cape Canaveral and Throughout Brevard County, FL According to the 5th and 14th amendments of the United States Constitution, the government is prohibited from taking any…
Implied consent laws are typically associated with forms of chemical testing, including but not limited to urine analysis, breathalyzers, and blood testing. However, the state of Florida, including Brevard County and Cocoa, do not include field sobriety testing under the umbrella of their implied consent laws. What does this mean for residents of Cocoa and…
The state of Florida classifies solicitation as a misdemeanor for first-time offenders. While solicitation is most often associated with prostitution, the legal definition is broader, encompassing a range of situations where one individual or party strongly encourages another individual or party to engage in a criminal act. Criminal solicitation in Brevard County is most commonly…
Facing a cocaine possession charge is a serious matter that requires immediate attention from an experienced criminal defense attorney. Florida law enforcement and prosecutors take a strong stance against drug offenses, aggressively pursuing convictions of those accused of being in possession of cocaine. If arrested, the first priority is protecting your own rights and preserving…
The crime of perjury is a serious offense in Florida. Under Florida Statutes Chapter 837, perjury is said to have been committed when the following apply: The individual in question appears before a person who is authorized to administer affirmations and/or oaths; The individual makes an oath by solemnly swearing or affirming to speak the…
Short answer? Yes. Anyone who willingly and/or knowingly attempted to procure or obtained property that is rightfully owned by another individual can be arrested for possession of stolen goods. Possession of stolen goods in Brevard County falls under Florida Statute Title XLVI. Under this statute, stolen property refers to any object or service that has…
Getting questioned by law enforcement can be a stressful experience. Even if you’re innocent you could find yourself being interrogated. But what should you do if questioned by the police? Do You Have to Answer Questions Asked by Police? No. And you probably shouldn’t. You have a right in the United States to remain silent….
In a court of law, police officer witness testimony is considered evidence. In criminal cases, the prosecution (state or gov) has the burden of proving beyond a reasonable doubt, the defendant’s guilt. Armed with a wide range of tactics, the prosecution will employ every means they have to get a ‘W’ in the win column….
CHARGES: DUI SECOND OFFENSE DETAILS: The client was charged with a second DUI. The state offered jail, and my client opted to exercise her Constitutional right to a jury trial. DATE: November 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. DATE: October 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
CHARGES: AGGRAVATED BATTERY ON A PREGNANT PERSON DETAILS: The client was arrested after his best friend’s fiancé accused him of striking her. He was charged with a third degree felony punishable by up to five years in prison. DATE: October 2013 OUTCOME: Jury returned a verdict of “Not Guilty” at trial.
Atty Mark Germain was so very helpful getting my Early Probation Release completed. I am extremely grateful for his kindness, knowledge and help during this hard time in my life. He accomplished in two days what others couldn't in over a month.”
D.Q., a Google User
I wil be forever grateful to Attorney Germain for representing my brother. He was patient, confident, and compassionate. He has excellent judgment and understood what needed to be done in my brother's case. Attorney Germain is a dedicated lawyer.”
Charlene, an Avvo User
Mark Germain is more then just a great attorney, he actually cares about his clients and will always do what’s best. I’ve known Mark for over ten years and I can attest that he is a winner in the courtroom. I would trust him with my life!"